What are the requirements for describing the industrial applicability of an invention in a patent application?

Describing the industrial applicability of an invention is an important aspect of a patent application, especially for international applications under the Patent Cooperation Treaty (PCT). The MPEP 1823 provides guidance on this matter: “The description should indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which…

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How detailed should the Brief Summary of Invention be in a patent application?

The Brief Summary of Invention should be concise yet informative. MPEP 608.01(d) provides guidance on the level of detail required: “That is, the subject matter of the invention should be described in one or more clear, concise sentences or paragraphs.” The summary should provide enough information to understand the nature and substance of the invention…

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How should the Brief Summary of Invention relate to the claims in a patent application?

The Brief Summary of Invention should be closely aligned with the claims in a patent application. MPEP 608.01(d) states, “Such summary should, when set forth, be commensurate with the invention as claimed and any object recited should be that of the invention as claimed.” Additionally, the MPEP emphasizes that “The brief summary of invention should…

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What should be avoided when creating a patent title?

What should be avoided when creating a patent title? When creating a patent title, it’s important to avoid certain elements that may make the title less effective or non-compliant. According to MPEP 606: “The title should not be descriptive of a particular embodiment, species or range.” Additionally, you should avoid: Unnecessarily long titles Overly broad…

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Are comparisons with prior art allowed in patent applications?

Yes, comparisons with prior art are generally allowed in patent applications, as long as they are not derogatory. The MPEP 608.01(r) explicitly states: “Mere comparisons with the prior art are not considered to be disparaging, per se.” This means you can compare your invention to existing technologies to highlight improvements or differences. However, ensure that…

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